What's Required The IDEA provides limited circumstances under which expedited hearings can occur. A parent who disagrees with any decision regarding placement under the IDEA’s disciplinary provisions or a manifestation determination may appeal the decision by requesting an expedited due process hearing. In addition, a school district may appeal a decision by requesting an expedited hearing when it believes that maintaining the student’s current placement is substantially likely to result in injury to the student or others.
What We Do
When the school requests an expedited due process hearing the hearing must occur within 20 school days of the request and a decision must be made within 10 school days after the hearing. The hearing officer may order continued placement in an appropriate interim alternative educational setting (IAES) for not more than 45 school days if maintaining the student’s IEP placement is substantially likely to result in injury to the student or others. The hearing officer may order the IAES placement even if the student’s behaviors are a manifestation of his or her disability. Alternatively, the hearing officer may decide to return the student to the placement from which he or she was removed. Unless the parent and the school agree otherwise, the student must remain in an IAES until the hearing officer makes a determination or until the school’s IAES placement expires, whichever occurs first. In this situation, the stay-put is the IAES.
To request an Expedited Hearing, contact Luis Gavito with the Office of Safe Schools at (713) 556-7140.
What's Required
The IDEA provides limited circumstances under which expedited hearings can occur. A parent who disagrees with any decision regarding placement under the IDEA’s disciplinary provisions or a manifestation determination may appeal the decision by requesting an expedited due process hearing. In addition, a school district may appeal a decision by requesting an expedited hearing when it believes that maintaining the student’s current placement is substantially likely to result in injury to the student or others.
What We Do
When the school requests an expedited due process hearing the hearing must occur within 20 school days of the request and a decision must be made within 10 school days after the hearing. The hearing officer may order continued placement in an appropriate interim alternative educational setting (IAES) for not more than 45 school days if maintaining the student’s IEP placement is substantially likely to result in injury to the student or others. The hearing officer may order the IAES placement even if the student’s behaviors are a manifestation of his or her disability. Alternatively, the hearing officer may decide to return the student to the placement from which he or she was removed. Unless the parent and the school agree otherwise, the student must remain in an IAES until the hearing officer makes a determination or until the school’s IAES placement expires, whichever occurs first. In this situation, the stay-put is the IAES.
To request an Expedited Hearing, contact Luis Gavito with the Office of Safe Schools at (713) 556-7140.
Forms
Resources